Eviction--Dispute as to amount of rent--Case remanded back--Tenant directed to pay rent as claimed by landlord during pendency of suit.

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Landlord & Tenant—Eviction—Change of User—In rent agreement there was no restriction on tenant to run business only relating to the saw mill-­Tenant was given liberty to carry on any other business as well—Tenant changed his business from saw mill to manufacturing of grills—Eviction petition ground of change of user dismissed

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High Court gave finding that the Rent Appellate Tribunal allowed the appellant's (landlady's) appeal with a casual approach and failed to record any categorical finding on the plea of bona fide need—However, High Court neither remanded the case nor decided the appeal on merits—This approach of the High Court caused prejudice to the appellant (landlady) because there was no factual finding recorded either by the first appellate Court or the High Court on the question of bona fide need—Matter remanded back to Rent Appellate Tribunal

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Eviction--Bona fide requirement-- It is always the privilege of the landlord to choose the nature of the business and the place of the business.

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Landlord and Tenant--Eviction--Provisional Rent-Arrears of Rent-It is mandatory to assess the provisional rent and without determination of rent no decree of eviction on the ground of arrears of rent can be passed--Rajasthan Premises (Control of Rent and Eviction) Act, 1950, S. 13.

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